Examples and Types of Torts
Tort lawsuits are the biggest category of civil litigation and can encompass a wide range of personal injury cases. However, there are 3 main types:intentional torts,negligence, andstrict liability.
In Colorado, each specific tort has its own list of elements under the law that create subtle but important distinctions when proving that compensation is owed.
Intentional torts
An intentional tort is when an individual or entity purposely engages in conduct that causes injury or damage to another. For example, striking someone in a fight would be considered an intentional act that would fall under the tort of battery; whereas accidentally hitting another person would not qualify as “intentional” because there was no intent to strike the individual (however, this act may be considered negligent if the person hit was injured).
Although it may seem like an intentional tort can be categorized as a criminal case, there are important differences. A crime can be defined as a wrongful act that injures or interferes with the interests of society. In comparison, intentional torts are wrongful acts that injure or interfere with an individual’s well-being or property.
While criminal charges are brought by the government and can result in a fine or jail sentence, tort charges are filed by a plaintiff seeking monetary compensation for damages that the defendant must pay if they lose.
Sometimes a wrongful act may be both a criminalandtort case. A victim can typically recover more financial damages from a civil case than a criminal case.
Examples of intentional torts
- Assault
- Battery
- False imprisonment
- Conversion
- Intentional infliction of emotional distress
- Fraud/deceit
- Trespass (to land and property)
- Defamation
Negligence
There is a specific code of conduct that every person is expected to follow, and a legal duty of the public to act a certain way in order to reduce the risk of harm to others.
Failure to adhere to these standards is known as negligence.
Negligence is by far the most common type of tort.
Unlike intentional torts,negligence casesdo not involve deliberate actions. Negligence occurs when a person fails to act carefully enough and another person gets hurt as a result. For this type of case, a person must owe a duty to another person. Then, they must fail in their duty to act reasonably. Finally, that failure must result in harm and damages.
For example, a driver on the road has a duty to drive at a reasonable speed. If a driver travels 20 miles over the speed limit, they have acted negligently. If they hit someone and hurt them, they have committed a negligence tort and likely owe the victim for their losses.
Another common example of negligence torts are cases ofslip and fall, which occur when a property owner fails to act as a reasonable person would, thus resulting in harm to the visitor or customer. For example, a janitor has a duty to put up a wet floor sign after mopping. If he or she fails to put up the sign and someone falls and injures themselves, a negligence tort case may be filed.
Examples of negligence torts
- Slip and fall accidents
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Medical malpractice
Strict liability
Lastly, there are torts involving strict liability. Strict, or “absolute,” liability applies to cases where responsibility for an injury can be imposed on the wrongdoer without proof of negligence or direct fault. If a case is a strict liability tort, the victim has a right to recover even if the responsible party took every precaution and didn’t hurt them intentionally. The only thing the victim must prove is that they were hurt because of the other person’s actions. What matters is that an action occurred and resulted in the eventual injury of another person.
For example, if a company releases a defective product for consumer purchase, and a consumer is injured because of the defect, strict liability is imposed. The company is always held liable.
In lawsuits such as these, the injured consumer only has to establish that their injuries were directly caused by the product in question in order to have the law on their side. The fact that the company did not “intend” for the consumer to be injured is not a factor.
Defective product and dog bite cases are prime examples of when liability is maintained despite intent.
Examples of strict liability torts
- Defective products (product liability)
- Animal attacks (dog bite lawsuits)
- Abnormally dangerous activities
